The
defendant
is
charged
[in
count
__]
with
riot
in the
first
degree.
The
statute
defining
this
offense
reads
in
pertinent
part
as
follows:

a
person
is
guilty
of
riot
in the
first
degree
when
simultaneously
with
six or
more
other
persons
(he/she)
engages
in
tumultuous
and
violent
conduct
and
thereby
(intentionally
/
recklessly)
(causes
/
creates
a
grave
risk
of
causing)
public
alarm,
and in
the
course
of and
as a
result
of
such
conduct,
(a
person
other
than
one of
the
participants
suffers
physical
injury
/
substantial
property
damage
occurs).

For
you to
find
the
defendant
guilty
of
this
charge,
the
state
must
prove
the
following
elements
beyond
a
reasonable
doubt:

Element
1 -
Tumultuous
and
violent
conduct
The
first
element
is
that
the
defendant
engaged
in
tumultuous
and
violent
conduct1 that
involved
physical
violence
or
portended
imminent
physical
violence.
"Imminent"
means
impending
or
likely
to
occur
immediately.

Element
2 -
Six or
more
other
persons
The
second
element
is
that
(he/she)
did so
simultaneously
with
six or
more
other
persons.

Element
3 -
Intent
The
third
element
is
that
the
defendant

acted
with
the
intent
to
(cause
/
create
a
grave
risk
of
causing)
public
alarm.
A
person
acts "intentionally"
with
respect
to a
result
when
(his/her)
conscious
objective
is to
cause
such
result.
<See
Intent:
Specific,
Instruction
2.3-1.>

recklessly
(caused
/
created
a
grave
risk
of
causing)
public
alarm.
A
person
acts "recklessly"
with
respect
to a
result
or
circumstances
when
(he/she)
is
aware
of and
consciously
disregards
a
substantial
and
unjustifiable
risk
that
such
result
will
occur
or
that
such
circumstances
exist.
<See
Recklessness,
Instruction
2.3-4.>

"Alarm"
means
a fear
caused
by the
sudden
realization
of
danger.
"Public
alarm"
is
when
such a
fear
is
created
in a
public
area
and
affects
a
large
number
of
people
in
that
area.

Element
4 -
Injury
/
property
damage
The
fourth
element
is
that
in the
course
of and
as a
result
of
such
conduct,
(a
person
other
than
one of
the
participants
suffered
physical
injury
/
substantial
property
damage
occurred).
<Insert
appropriate
definition:>

"Substantial"
means
that
the
property
damage
caused
must
be
something
more
than
trivial
or
inconsequential
as we
consider
such
estimates
in our
ordinary
experiences
in
life.

Conclusion

In
summary,
the
state
must
prove
beyond
a
reasonable
doubt
that
1)
that
the
defendant
engaged
in
tumultuous
and
violent
conduct,
2)
(he/she)
did so
simultaneously
with
six or
more
other
persons,
3)
(he/she)
(intentionally
/
recklessly)
(caused
/
created
a
grave
risk
of
causing)
public
alarm,
and 4)
(a
person
other
than
one of
the
participants
suffered
physical
injury
/
substantial
property
damage
occurred).

If you
unanimously
find
that
the
state
has
proved
beyond
a
reasonable
doubt
each
of the
elements
of
riot
in the
first
degree,
then
you
shall
find
the
defendant
guilty.
On the
other
hand,
if you
unanimously
find
that
the
state
has
failed
to
prove
beyond
a
reasonable
doubt
any of
the
elements,
you
shall
then
find
the
defendant
not
guilty.
______________________________________________________

1 In
State
v.
Indrisano,
228
Conn.
795,
811-12
(1994),
a case
that
involved
the
disorderly
conduct
statute,
§
53a-182
(a),
the
court
construed
the
phrase
"[e]ngages
in
fighting
or in
violent,
tumultuous
or
threatening
behavior"
to
refer
to
physical
action.
See
Disorderly
Conduct,
Instruction
8.4-8.